UPDATE: 4 EPD officers suspended; termination recommended for 3
http://www.courierpress.com/story/news/crime/2016/11/04/state-police-investigating-claims-against-epd-officers/93282382/
Four Evansville police officers were suspended without pay following improper use of force during an arrest Oct. 29, Evansville Police Chief Billy Bolin said at a press conference Friday.
Three officers were investigating a garage burglary in the 700 block of Florida Street early Saturday morning and arrested Mark Healy, 36, of Evansville. The case report indicates officers used force, so an on-duty motor patrol sergeant reviewed materials and reported the officers’ actions were justified.
On Monday, further review by another supervisor led to a formal investigation, which found information in the case report was inconsistent with what was shown on body camera video.
The case report claims Healy was running from police when an officer caught him and Healy poked the officer in the hand with a used, open syringe. The syringe allegedly contained liquid methamphetamine. The report also claims Healy struggled and pulled away from officers when they tried to handcuff him.
Body cam video released by police Friday contradicts the affadavit. It shows Healy was handcuffed without incident and an officer searching him poked his hand on a needle in Healy's pocket. The video, taken from the body camera worn by the officer who was poked, appears to show that officer throwing Healy to the ground and yelling at him.
The video is obscured and dark for about 18 seconds after Healy is thrown to the ground and later shows an officer holding his hand over Healy’s mouth and shaking the man’s head. Three officers were on-scene when this happened.
"Two officers are seen using force on Mr. Healy, while verbally insulting and screaming at him," Bolin said during the press conference. "The third officer watched the incident, but did nothing to intervene or stop the actions of the other officers."
Evansville police held a press conference related to three officers being suspended after involvement in use of force investigation.
The probable cause affidavit filed in the investigation indicates the three officers at the scene were Nick Henderson, Mark DeCamps and Marcus Craig. When asked to confirm the names, Bolin said he would have to wait for the Evansville Police Merit Commission, a civilian board responsible for final actions on discipline in the department, to release the names of the suspended officers and sergeant.
The three involved officers were suspended for 21 days without pay after the formal investigation was completed Thursday, with a recommendation that they be fired. The sergeant who initially reviewed the report was also suspended 21 days without pay, with a recommendation to the Merit Commission that he be demoted.
The three involved officers and the sergeant were placed on paid administrative leave Monday until the formal investigation was completed Thursday.
“Multiple department policy violations were discovered during the investigation,” Bolin said during the press conference.
At one point, Healy is taken out of handcuffs so he can turn out his pockets and take off the sweatshirt he is wearing over a t-shirt.
In the video, officers yell at Healy and ask him if there are more needles, then threaten him multiple times.
One officer says, “I’ll [expletive] shoot you in the [expletive] back if you run,” and another says, “I’m going to beat the holy [expletive] out of you again.”
The Evansville Police Department manual states deadly force – using firearms, for example – is only legally justified “when necessary in the defense of a member’s own life” or another person’s life, or “when necessary to prevent the escape of a felony suspect whom the member has probable cause to believe poses a significant threat of serious physical harm, either to the officer or to others.”
Video shows another officer arriving and speaking with the three officers on scene. That officer has not been identified.
On Friday morning, Indiana State Police spokesman Sgt. Todd Ringle said his agency was asked to look into the case by Evansville police officials. Taking on such a request requires the approval of state police superintendent Doug Carter, which was granted Thursday, according to Ringle. He did not know when police department officials first asked state police to look into the incident.
"Typically," Ringle said, "when another agency requests that our agency investigate an incident, it's simply because there is a possibility of criminal charges being filed or that there had been some sort of crime that may have been committed."
The next regularly scheduled Police Merit Commission meeting is November 14. Police have indicated they will not release further information or comment on the case again before the meeting.